HIMMAT SINGH versus STATE OF HARYANA AND ORS.

HIMMAT SINGH versus STATE OF HARYANA AND ORS.

The appellant was not entitled to relief as he suppressed material facts; disputed questions of fact regarding withdrawal of voluntary retirement cannot be decided in writ proceedings; allegations of bias not verified or properly raised cannot be considered.

Parties
Appellant: Himmat Singh; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
24 February 2006
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Voluntary Retirement, Withdrawal of Retirement Offer, Writ Petition, Bias Allegation
Constitutional Law Service Law Voluntary Retirement Withdrawal of Retirement Offer Writ Petition Bias Allegation

Case Brief

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Parties

Himmat Singh

Appellant

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant properly withdrew his voluntary retirement offer before acceptance
  2. 2 Whether disputed questions of fact about withdrawal can be adjudicated in writ proceedings
  3. 3 Whether bias allegations can be raised without verification in writ petition grounds

Ratio Decidendi

The appellant was not entitled to relief as he suppressed material facts; disputed questions of fact regarding withdrawal of voluntary retirement cannot be decided in writ proceedings; allegations of bias not verified or properly raised cannot be considered.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Counsel's fee assessed at Rs.10,000